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<br /> to apply any sale proceeds first to the payment of all costs and
<br /> expenses of exercising power of sale, including all Trustee' s
<br /> fees actually incurred. In the event Trustor exercises any
<br /> rights provided by law to cure an Event of Default, Lender shall
<br /> be entitled to recover from Trustor all costs and expenses
<br /> actually incurred as a result of Trustor' s default, including
<br /> without limitation all Trustee' s and reasonable attorney� s fees .
<br /> 14 . Future Advances . Upon request of the Trustor, Lender
<br /> may, at its option, make additional and future advances and
<br /> readvances to Trustor. Such advances and readvances, with
<br /> interest thereon, shall be secured by this Trust Deed. At no
<br /> time shall the principal amount of the indebtedness secured by
<br /> this Trust Deed, not including accrued interest, late fees, and
<br /> sums advanced to protect the security of this Trust Deed, exceed
<br /> the original principal stated herein.
<br /> 15 . Assianment of Leases and Rents . As additional security
<br /> hereunder, Trustor hereby assigns to Lender the rents, issues and
<br /> profits of the property; and Trustor is making this assignment
<br /> herein in a separate document, which document is entitled
<br /> Assignment of and Security Interest in Leases and Rents, which is
<br /> incorporated herein as though it is fully set forth herein.
<br /> 16 . Hazardous Materials .
<br /> A. Borrower shall keep the Property in compliance with any
<br /> and all federal, state and local laws, ordinances and regulations
<br /> relating to industrial hygiene or to environmental conditions on,
<br /> under or about the Property, including, but not limited to, soil
<br /> and groundwater conditions . Borrower shall not use, generate,
<br /> manufacture, store or dispose of on, under or about the Property
<br /> or transport to or from the Property any flammable explosive,
<br /> radioactive materials, hazardous wastes, toxic substances or
<br /> related materials, including, without limitation, any substances
<br /> defined as or included in the definition of "hazardous
<br /> substances" , "hazardous wastes" , ��hazardous materials" or "toxic
<br /> substances" under any applicable laws, ordinances or regulations
<br /> (collectively referred to hereinafter as "Hazardous Materials") .
<br /> Borrower hereby warrants and represents to Lender, that there are
<br /> no Hazardous Materials on or under the Property, except as noted
<br /> in the Environmental Questionnaire furnished to Lender. Borrower
<br /> hereby agrees to indemnify and hold harmless Lender, its
<br /> directors, officers, employees, and agents, and any successors to
<br /> Lender� s interest, from and against any and all claims, damages
<br /> and liabilities arising in connection with the presence, use,
<br /> storage, disposal or transport of any Hazardous Materials on,
<br /> under, from or about the Property, including, without
<br /> limitations, (a) all damages directly or indirectly arising out
<br /> of the use, generation, storage or disposal of Hazardous
<br /> Materials by Borrower or any prior owner or operator of the
<br /> Property, and (b) all costs of any required or necessary repair,
<br /> cleanup or detoxification and the preparation of any closure or
<br /> other required plans, whether such action is required or
<br /> necessary prior to or following transfer of title to the
<br /> Property, to the full extent that such action is attributable,
<br /> directly or indirectly, to the presence or use, generation,
<br /> storage, release, threatened release or disposal of Hazardous
<br /> Materials by any person on the Property prior to transfer of
<br /> title thereto by Lender. THE FOREGOING WARRANTIES AND
<br /> REPRESENTATIONS, AND BORROWER' S OBLIGATIONS PURSUANT TO THE
<br /> FOREGOING INDEMNITY, SHALL SURVIVE REPAYMENT OF THE NOTE AND THE
<br /> RECONVEYANCE OF THIS TRUST DEED.
<br /> B. Upon the occurrence of any factors set forth in
<br /> subparagraph b (i) and/or b (ii) , Lender shall have the right to
<br /> require Borrower, at the sole cost and expense of Borrower, to
<br /> employ a qualified independent environmental auditor, acceptable
<br /> to Lender, to conduct an environmental audit of the Premises to
<br /> determine whether there is any asbestos or Hazardous Material
<br /> above, in, on, under, from or around the Property, such that the
<br /> Property, any activity related to the Property or the Hazardous
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